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Reflections on the African Governance Architecture: Trends, Challenges and Opportunities

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Governance, Human Rights, and Political Transformation in Africa

Abstract

Since the establishment of the African Union (AU) in 2000, Africa has expressed a strong determination to deepen good democratic governanceon the continent. In 2007, the AU adopted the African Charter on Democracy, Elections and Governance and subsequently developed the African Governance Architecture (AGA) framework as a continental roadmap for addressing the democratic governance deficits in Africa. Based on this normative backing, the AGA Platform—a mechanism for dialogue on democratic governance issues among AU regional organs and institutions having a governance and democracy mandate—and the AGA secretariat were birthed. This chapter examines the operationalisation, achievements and shortcomings of the AGA implementation process since its inception and makes a case for incremental reforms of the Platform and its Secretariat.

The authors are grateful to the Centre for Human Rights, University of Pretoria and the Department of Political Affairs of the African Union for granting them a fellowship that informs this chapter contribution. All errors and omissions, if any, are however solely our responsibility.

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Notes

  1. 1.

    “Strategic Plan 2009–2012,” African Union Commission, May 19, 2009, para. 97. NB: The Strategic Plan was recommended for adoption by AU Executive Council decision EX.CL/Dec.499(XV) Rev.1 “Decision on the African Union Commission Strategic Plan 2009–2012 doc. ex.cl/501(xv),” Fifteenth Ordinary Session Executive Council Sirte, Libya, July 1, 2009, and endorsed by the AU Assembly Assembly/AU/Dec.247(XIII) “Decision on the African Union Commission Strategic Plan 2009–2012,” Thirteenth Ordinary Session of the Assembly Sirte, Libya, July 3, 2009; “Framework of the African Governance Architecture (AGA),” para. 3, accessed January 7, 2019, https://www.iag-agi.org/IMG/pdf/aga-framework9183.pdf.

  2. 2.

    “Declaration on the Theme of the Summit: ‘Towards Greater Unity and Integration Through Shared Values,’” AU Doc Assembly/AU/Decl.1(XVI), para. 2, Sixteenth Ordinary Session, 30–31 January 2011, Addis Ababa, Ethiopia, accessed December 28, 2018, https://au.int/sites/default/files/decisions/9645-assembly_en_30_31_january_2011_auc_assembly_africa.pdf.

  3. 3.

    “Strategic Plan 2009–2012,” paras. 88–96; “African Governance Architecture Framework,” para. 1.

  4. 4.

    “Decision on the Theme, Date and Venue of the Sixteenth Ordinary Session of the Assembly of the African Union,” AU Doc Assembly/AU/Dec.304(XV), Fifteenth Ordinary Session, Kampala, Uganda, July 27, 2010; “Decision on the Theme of the January 2011 Summit,” AU Doc EX.CL/Dec.525(XVI), Sixteenth Ordinary Session of the Executive Council, Addis Ababa, Ethiopia, February 1, 2010, para. 2.

  5. 5.

    “Declaration on the Theme of the Summit,” para. 11.

  6. 6.

    “Agenda 2063: The Africa We Want,” accessed January 7, 2018, http://archive.au.int/assets/images/agenda2063.pdf. Agenda 2063 outlines the African Shared Values programme of the AU. Generally, the AU Shared Values are ideal norms and standards deducible from the various policy and legal instruments of the AU, particularly those forming part of its human rights system, envisaged as commonly applicable, if not, binding on all AU member States. The AGA framework and its enforcement arm; the African Governance Platform are envisaged to play a pertinent role in the materialisation and implementation of both ‘Agenda 2063’ and the ‘African Shared Values’. For a historical exposition on Africa’s shared values see generally, Shadrack Gutto, ed., Shared Values, Constitutionalism and Democracy in Africa (Johannesburg: Fortune Africa Publishing, 2011), 1–102.

  7. 7.

    Frans Viljoen, International Human Rights Law in Africa, 2nd ed. (Oxford: Oxford University Press, 2012), 156–170.

  8. 8.

    Nicolla Tissi and Faten Aggad-Clerx, “The Road Ahead for the African Governance Architecture: An Overview of Current challenges and Possible Solutions,” South Africa Institute for International Affairs Policy Brief 174, no. 1 (2014): 5; see generally AU Constitutive Act, art 4(h).

  9. 9.

    See generally, Gabriel Amvane, “Intervention Pursuant to Article 4(h) of the Constitutive Act of the African Union without United Nations Security Council Authorization,” African Human Rights Law Journal 15, no. 2 (2005): 282–298.

  10. 10.

    African Union, “Protocol on Amendments to the Constitutive Act of the African Union,” July 11, 2003, para. 4(h).

  11. 11.

    Stacy-Ann Elvy, “Towards a New Democratic Africa: The African Charter on Democracy, Elections and Governance,” Emory International Law Review 27, no. 1 (2013): 43–113; Patrick Glen “Institutionalising Democracy in Africa: A Comment on the African Charter on Democracy, Elections and Governance,” Africa Journal of Legal Studies 5 (14 June 2012): 149–175; Ibrahima Kane, “The Implementation of the African Charter on Democracy, Elections and Governance,” Africa Security Review 17, no. 4 (2008): 43–63.

  12. 12.

    “Rules of Procedure of the African Governance Platform,” rule 1, accessed January 7, 2019, http://aga-platform.org/sites/default/files/2018-10/Rules%20Of%20Procedure%20FINAL.pdf.

  13. 13.

    George Wachira, “Consolidating the African Governance Architecture,” Southern African Institute of International Affairs (SAIIA) Policy Briefing 1, no. 96 (2014): 1; Solomon Ebobrah, “Human Rights Realisation in the African Sub-Regional Institutions,” in The African Regional Human Rights System: 30Years After the African Charter on Human and Peoples’ Rights, ed. Martinus Ssenyonjo (Boston: Martinus Nijhoff Publishers, 2011), 283–300.

  14. 14.

    Wachira, “African Governance Architecture,” 1; Morris Mbondenyi, “Institutional Mainstreaming and Rationalisation,” in The African Regional Human Rights System: 30 Years After the African Charter on Human and Peoples’ Rights, ed. Martinus Ssenyonjo (Boston: Martinus Nijhoff Publishers, 2011), 421–453.

  15. 15.

    “Decisions, Declarations and Resolution’ Assembly/AU/Dec.332–361(XVI),” Assembly/AU/Decl.1–3(XVI), Assembly/AU/Res.1(XVI) 16th Ordinary Session of the Assembly of Heads of State and Government, January 30–31, 2011, Addis Ababa, Ethiopia, accessed February 27, 2018, https://au.int/sites/default/files/decisions/9645-assembly_en_30_31_january_2011_auc_assembly_africa.pdf.

  16. 16.

    “African Governance Architecture Framework,” 5.

  17. 17.

    Ibid., 1–31.

  18. 18.

    Articles 44 and 45 of the African Democracy Charter empowers the AU Commission to develop benchmarks for the Charter’s implementation, and to be the central coordinating structure for its implementation. In essence, the AGP is understood as the AU Commission’s apparatus for executing its mandate under those provisions of the African Democracy Charter.

  19. 19.

    Rules of Procedure of the African Governance Platform, Rule 1.

  20. 20.

    Khabele Matlosa, “The African Union’s African Governance Architecture Linkages with the African Peace and Security Architecture,” Great Insight Magazine 4, no. 1 (2014): 14.

  21. 21.

    Frans Viljoen, “The Realisation of Human Rights in Africa Through Inter-Governmental Institutions” (LLD Thesis, University of Pretoria, South Africa, 1997), 19–20, accessed September 12, 2016, http://repository.up.ac.za/dspace/handle/2263/27810?show=full.

  22. 22.

    As above.

  23. 23.

    Michael Smith, “The Sociological Framework of Law,” in African Law: Adaptation and Development, ed. Hilda Kuper and Leo Kuper (Berkeley: University of California Press, 1965), 32; Keba M’Baye, “The African Conception of Law,” in The Legal Systems of the World and Their Common Comparison and Unification, ed. René David (London: Stevens and Sons, 1975), 56.

  24. 24.

    Max Gluckman, The Allocation of Responsibility (Manchester: Manchester University Press, 1986), 173.

  25. 25.

    Clever Mapaure, “Reinvigorating African Values for SADC: The Relevance of Traditional African Philosophy of Law in a Globalising World of Competing Perspectives,” SADC Law Journal 1, no. 1 (2011): 152.

  26. 26.

    These instruments include (but are not limited to): The AU Constitutive Act, African Charter on Democracy, Elections and Governance, African Charter on Human and Peoples’ Rights; OAU Convention Governing the Specific Aspects of Refugee Problems in Africa; African Charter on the Rights and Welfare of the Child; Protocol to the African Charter establishing the African Court on Human and Peoples’ Rights; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; African Charter on Values and Principles of Public Service and administration; AU Convention for the Protection and Assistance of Internally Displaced Persons in Africa; Protocol on the Statute of the African Court of Justice and Human Rights; Protocol Relating to the Establishment of the Peace and Security Council of the African Union; AU Convention on Preventing and Combating Corruption; African Youth Charter; Algiers Declaration on Unconstitutional Changes of Governments; Lome Declaration on Unconstitutional Changes of Government; Conference on Stability, Security, Development and Democracy (CSSDCA) Memorandum of Understanding; OAU/AU Declaration on Principles Governing Democratic Elections’ AU Post-conflict and Reconstruction Policy Framework; New Partnership for Africa’s Development (NEPAD)Declaration on Democracy, Political, Economic and Corporate Governance; Memorandum of Understanding on the African Peer Review Mechanism (APRM); and the Kigali Declaration on Gender Equality in Africa.

  27. 27.

    “African Governance Architecture Framework,” para. 9.

  28. 28.

    Rule 27 of the AGP Rules of Procedure.

  29. 29.

    “Press Statement—2018 High Level Dialogue,” November 25, 2018, accessed January 5, 2019, http://aga-platform.org/8HLDPress.

  30. 30.

    Rule 4(a) of the AGP Rules of Procedure; articles 44, 45 and 49 of the African Democracy Charter.

  31. 31.

    Article 48 of the Charter. Only 32 state parties had ratified the African Democracy Charter of January 7, 2019.

  32. 32.

    “Togo, First AU Member State to Submit State Report on African Charter on Democracy, Elections and Governance,” African Union, March 27, 2017, accessed February 27, 2018, https://au.int/en/pressreleases/20170327/togo-first-au-member-state-submit-state-report-african-charter-democracy.

  33. 33.

    “Factsheet: Youth Population Trends and Sustainable Development,” United Nations (2015): 1–2, accessed October 12, 2016, http://www.un.org/en/development/desa/population/publications/pdf/popfacts/PopFacts_2015-1.pdf.

  34. 34.

    “Leveraging Youth Capacities for the Fight Against Corruption: Report of 2018 Regional Youth Consultations,” Published December 2018, accessed January 6, 2019, http://aga-platform.org/sites/default/files/2018-12/AGA2018RegionalReport_Webnew.pdf.

  35. 35.

    The event was held under the theme: “Silencing the Guns: Youth Building a Culture of Democracy and Peace in Africa.”

  36. 36.

    Consultations for the Southern African region held in Windhoek, Namibia, September 8–9, 2016; West Africa region consultations held in Accra, Ghana, August 23–24, 2016; Central and Eastern Africa regional consultations held in Kampala, Uganda, September 2016; North Africa region consultations held in Tunis, Tunisia, September 28–29, 2016.

  37. 37.

    “What We Do—AGA Areas of Focus,” accessed January 5, 2019, http://aga-platform.org/what-we-do.

  38. 38.

    Articles 5(1)(e) and 20 of the Constitutive Act (establishes the Commission is an organ and as the secretariat of the Union); Statute of the African Union Commission on International Law article 3 for the broader functions of the Commission.

  39. 39.

    Rule 5(1)(a) of the Rules of Procedure of the AGP. The cluster serves as the overall coordinating mechanism for all democracy and elections processes that falls within the ambit of the AUC. The work of the cluster is largely supported and carried out by the Democracy and Electoral Assistance Unit (DEAU) within the DPA. It carries out democracy assessments of AU member States as well as undertakes electoral observation missions, including providing electoral support and training to AU member States.

  40. 40.

    Rule 5(1)(b) of the Rules of Procedure of the AGP. The cluster bears the primary responsibility to interact and engage with AU organs and institutions, AU member States and regional economic communities in the promotion and protection of human (and peoples’) rights on the continent. Its mandate also includes work relating to transitional and post-conflict reconstruction processes.

  41. 41.

    Rule 5(1)(c) of the Rules of Procedure of the AGP. The Constitutionalism and Rule of law cluster aims at promoting constitutionalism and rule of law principles and processes amongst AU member States. It also seeks to provide support to AU member States in constitutional reform and State building processes.

  42. 42.

    Rule 5(1)(d) of the Rules of Procedure of the AGP. Previously referred to as the governance cluster, this cluster is aimed at addressing issues that have a direct impact on member States governance. These issues include but are not limited to; public service delivery, globalization, urbanisation, political processes, urban development, political accountability and resource management.

  43. 43.

    Rule 5(1)(e) of the Rules of Procedure of the AGP. The humanitarian affairs cluster is responsible for coordinating responses to emergency situations relating to AU member States. It engages AU organs and institutions in developing responses to conflict, disaster and humanitarian crisis situations. Its scope also includes work relating to refugees, migration, as well as internally displaced persons.

  44. 44.

    “African Governance Architecture Framework,” para. 13.

  45. 45.

    Anton Bösl and Joseph Diescho, eds., Human Rights in Africa: Legal Perspectives on Their Protection and Promotion (Windhoek: Macmillan Education Namibia, 2009), 1–210; John Akokpari and Daniel Zimbler, Africa’s Human Rights Architecture (Cape Town: Centre for Conflict Resolution, 2008), 1–126.

  46. 46.

    Articles 18(1) and 44(2) of the African Democracy Charter.

  47. 47.

    “African Governance Architecture Framework,” 5.

  48. 48.

    Khabele Matlosa, “The African Union’s African Governance Architecture Linkages with the African Peace and Security Architecture,” GREAT Insight Magazine 4, no. 1 (2014): 26–32; Tissi and Aggad-Clerx, “The Road Ahead,” 13–16; George Wachira, “Consolidating the African Governance Architecture,” Southern African Institute of International Affairs (SAIIA) Policy Briefing 1, 96 (2014): 3–4 and 43.

  49. 49.

    See also similar arguments by Sabelo Gumedze, “The Challenges Facing Africa’s Emerging Governance Architecture,” Institute for Security Studies Blog, September 22, 2011: 1–12, accessed March 22, 2018, https://issafrica.org/iss-today/the-challenges-facing-africas-emerging-governance-architecture.

  50. 50.

    Dugard John, International Law: A South African Perspective, 4th ed. (Cape Town: Juta and Company, 2014), 2–5.

  51. 51.

    “Ratification Status of the African Charter on Democracy, Elections and Governance,” last modified September 29, 2018, accessed January 5, 2019, https://au.int/sites/default/files/treaties/7790-sl-african_charter_on_democracy_elections_and_governance.pdf; See also article 48 of the African Democracy Charter.

  52. 52.

    Tissi and Aggad-Clerx, “The Road Ahead,” 8.

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Author information

Authors and Affiliations

  1. University of Namibia, Windhoek, Namibia

    Kennedy Kariseb

  2. University of Pretoria, Pretoria, South Africa

    Chairman Okoloise

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  1. Kennedy Kariseb
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Editors and Affiliations

  1. Research Institute of Environmental Law, Wuhan University, Wuhan, China

    Michael Addaney

  2. Centre for Human Rights, University of Pretoria, Pretoria, South Africa

    Michael Gyan Nyarko

  3. African Commission on Human and Peoples’ Rights, Banjul, The Gambia

    Elsabé Boshoff

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Kariseb, K., Okoloise, C. (2020). Reflections on the African Governance Architecture: Trends, Challenges and Opportunities. In: Addaney, M., Nyarko, M.G., Boshoff, E. (eds) Governance, Human Rights, and Political Transformation in Africa. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-27049-0_3

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